The Advocate’s Gateway includes a list of publications and other resources relevant to responses to vulnerable witnesses and defendants. Items under each subheading are listed in date order (most recent first). This information is not a substitute for obtaining appropriate legal advice nor is it a substitute for thorough legal research.

Procedure

The protocol is a commitment by the police, CPS and HMCTS to carry out their respective functions so as to expedite trials for very young witnesses. The target timetables repeat those which have already been used in the section 28 pilot courts for duties which need to be performed prior to a hearing. 'Very young witnesses' are defined on an age-related only basis, that is, children under the age of 10. Those children who are deemed appropriate for pre-recorded cross-examination.(currently only available in the pilot courts) will be covered by the section 28 procedure, i.e., their evidence should be expedited but the trials in which their evidence is heard will not.

High Court of Justiciary Practice Note (No. 1 of 2017) Taking of evidence of a vulnerable witness by a Commissioner

The Practice Note provides extensive new guidelines for the process of “taking evidence by a Commissioner” (where a witness’ examination and cross-examination is recorded in advance of a trial). This will help reduce further the need for vulnerable witnesses to give evidence in person in court.

Registered Intermediary Procedure (England and Wales) December 2015

This procedure guidance manual (PGM) replaces the previous version from 2012 with immediate effect. The working life of this PGM is iterative and updates to it will be made to reflect developments in procedures and best practice, relevant developments in the criminal justice system and in legislation that relates to the Witness Intermediary Scheme (WIS). As such, it will only be available electronically.

The Law Society has published guidance for Solicitors which is intended as good practice in this area and to help them meet the needs of vulnerable clients. The guidance is complemented by an easy read guide for clients. It includes how to identify a vulnerable client, their needs, and how to communicate with them more effectively. It also addresses issues relating to mental capacity and work with third parties.

These Rules amend the Criminal Procedure Rules 2014,S.I. 2014 No.1610, including adding rules to provide for 'ground rules hearings' and rules to require advance notice if further evidence is introduced on an appeal to the Crown Court from a Magistrates' court.

The Joint Inspection into Achieving Best Evidence (ABE) in Child Sexual Abuse Cases was carried out by both HM Crown Prosecution Service Inspectorate (HMCPSI) and by HM Inspectorate of Constabulary (HMIC).

2012

S H AL- Rawashdeh, H A Tarawneh and A M Hayajneh (2012) 'The Treatment of Vulnerable and Intimidated Witnesses in the English Criminal Justice System', European Journal of Social Sciences, Vol.33 No.1, 52-88

P Cooper and D Wurtzel (2012) ‘Sometimes it’s better to go second: Ten years of Registered Intermediaries in England and Wales and how Northern Ireland could benefit’. (Presented at the NI CBA Annual Conference, 12 May 2012)

A Keane (2012) ‘Towards a principled approach to the cross- examination of vulnerable witnesses’, Criminal Law Review, 407-420

2011

S Krahenbuhl (2011) ‘Effective and appropriate communication with children in legal proceedings according to lawyers and intermediaries’, Child Abuse Review, 20, 407-420

J Gregory and K Bryan (2011) ‘Speech and language therapy intervention with a group of persistent and prolific young offenders in a non-custodial setting with previously undiagnosed speech, language and communication difficulties’, International Journal of Language and Communication Disorders, Vol. 46, No. 2, 202–215

P Cooper (2011) ‘Child Witnesses in Family Proceedings: Should Intermediaries be Showing Us the Way?’, Family Law, 41, April 2011, 397 – 403

A Brammer and P Cooper (2011) 'Still Waiting for a Meeting of Minds: Child Witnesses in the Criminal and Family Justice Systems', Criminal Law Review, Issue 12, 925 – 941

P Cooper (2011) ‘ABE Interviews, Children’s Testimony and Hearing the Voice of the Child in Family Cases: Are we Barking up the Right Tree?’, 23 – 31, Thorpe LJ and Tyzack (Eds), Dear David: A Memo to the Norgrove Committee from the Dartington Conference 2011, Bristol: Jordans

L Ellison and J Wheatcroft (2010) 'Could you ask me that in a different way please? Exploring the impact of courtroom questioning and witness familiarisation on adult witness accuracy', Criminal Law Review, Issue 11, 823-839

R Bull (2010) ‘The investigative interviewing of children and other vulnerable witnesses: Psychological research and working/professional practice’, Legal and Criminal Psychology, 15, 5–23

2009

B O’Mahony (2009) ‘The emerging role of the Registered Intermediary with the vulnerable witness and offender: facilitating communication with the police and members of the judiciary’, The British Journal of Learning Disabilities, 38, 232-237

Reports

This report considers the participation of P – an individual who is alleged to lack mental capacity – in proceedings concerning his health, welfare or deprivation of liberty in the Court of Protection (CoP) under the Mental Capacity Act 2005 (MCA).

The Law Commission Report (Law Com No 364) Unfitness to Plead sets out recommendations to modernise the test for unfitness to plead, bringing it into line with today’s psychiatric and psychological thinking. The new test would ask whether the defendant is able to participate effectively in their trial. At present, unfitness to plead provisions do not apply in the magistrates and youth courts.

This research has been led by Dr Diana Eades and Aneta Pavlenko, convenors of the Communication of Rights group which is an international body of linguists, psychologists, legal experts and Interpreters. The purpose of these guidelines, is to articulate recommendations for the wording and communication of the rights and cautions to non-native speakers of English.

18. Working with traumatised witnesses, defendants and parties - NB: This toolkit is currently under review, a revised version will be published in due course

Accessible (screen reader ready) word versions of all toolkits can be provided upon request. Should you need such versions, please contact us via This email address is being protected from spambots. You need JavaScript enabled to view it.